(a)

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Terms Used In Tennessee Code 68-11-257

  • Assisted-care living facility: means a facility, building, establishment, complex or distinct part thereof that accepts primarily aged persons for domiciliary care and services as described in this section. See Tennessee Code 68-11-201
  • Contract: A legal written agreement that becomes binding when signed.
  • Facility: means any institution, place or building providing health care services that is required to be licensed under this chapter. See Tennessee Code 68-11-201
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Home for the aged: means a home represented and held out to the general public as a home which accepts primarily aged persons for relatively permanent, domiciliary care. See Tennessee Code 68-11-201
  • Patient: includes , but is not limited to, any person who is suffering from an acute or chronic illness or injury or who is crippled, convalescent or infirm, or who is in need of obstetrical, surgical, medical, nursing or supervisory care. See Tennessee Code 68-11-201
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
(1) In addition to any other disclosure required by this part, prior to the admission of a resident to an assisted-care living facility or residential home for the aged regulated pursuant to this chapter or prior to the execution of a contract for the care of a resident in such a facility, whichever occurs first, the facility shall disclose in writing to the resident or to the resident’s guardian, conservator or representative, if any, that the facility does not have:

(A) A fire suppression sprinkler system throughout the facility;
(B) A smoke detector or alarm in each patient room; or
(C) Neither a fire suppression sprinkler system throughout the facility nor a smoke detector or alarm in each patient room.
(2) The disclosure shall be made on a form separate from the contract for the care of the resident and shall be printed in bold type and in no less than twelve-point font. The form must be signed by the resident or the resident’s guardian, conservator or representative, if any, and the signature must be witnessed. If the resident cannot read, the form shall be read aloud to the resident. If the facility maintains an internet website, the disclosure shall also be made on that internet website.
(b)

(1) All assisted-care living facilities and residential homes for the aged regulated pursuant to this chapter shall post a statement, if applicable, that the facility does not have:

(A) A fire suppression sprinkler system throughout the facility;
(B) A smoke detector or alarm in each resident or patient room; or
(C) Neither a fire suppression sprinkler system throughout the facility nor a smoke detector or alarm in each resident or patient room.
(2) Such signs shall be printed in not less than twenty-four-point type and in addition to being displayed at the main public entrance shall be prominently displayed at all entrances to the facility.
(c) The requirements of subsections (a) and (b) shall not apply to any assisted-care living facility or residential home for the aged that is fully sprinklered as of April 17, 2004.
(d)

(1) In addition to any other disclosure required by this part, prior to the admission of a resident to an assisted-care living facility or residential home for the aged regulated pursuant to this chapter, or prior to the execution of a contract for the care of a resident in such a facility, whichever occurs first, the facility shall disclose in writing to the resident or to the resident’s guardian, conservator or representative, if any, whether the facility has liability insurance and the identity of the primary insurance carrier. If the facility is self-insured, the facility’s statement shall reflect that fact and indicate the corporate entity responsible for payment of any claims.
(2) The information required to be disclosed in subdivision (d)(1) shall be posted on a sign no smaller than eleven inches (11″) in width and seventeen inches (17″) in height and displayed at the main public entrance.
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